Cost of Making a Will in Spain: Save Money & Protect Your Assets

Making a will in Spain is an essential step for anyone who wants to ensure that their assets are distributed according to their wishes. Whether you are a resident or a foreign property owner in Spain, understanding the cost of making a will in Spain and the procedures involved is crucial to protect your estate and avoid unnecessary complications for your heirs. At Property Law Spain, we guide international clients through the legal process, ensuring clarity, security, and efficiency.

Why You Need a Will in Spain

Spain has specific rules regarding inheritance, which can differ significantly from those in your home country. Spanish law provides for forced heirship, meaning that certain heirs, such as children or spouses, are entitled to a portion of your estate regardless of your wishes. Without a proper will, your estate might be distributed according to Spanish intestacy rules, which may not align with your preferences.

By making a will in Spain, you can:

• Specify exactly how your assets will be distributed
• Appoint executors and guardians for minor children
• Reduce potential inheritance disputes
• Plan for cross-border taxation and legal requirements

Having a legally recognized will in Spain can save your family time, stress, and money.

Types of Wills in Spain

There are several types of wills in Spain, and the cost can vary depending on the type and complexity:

1. Open Will (Testamento Abierto):
   This is the most common type of will. You declare your wishes to a notary, who records them in an official document. The notary ensures that the will is legally valid.
2. Closed Will (Testamento Cerrado):
   You write the will yourself and submit it to a notary in a sealed envelope. The notary does not review the content but ensures its legal formalities are met.
3. Holographic Will (Testamento Ológrafo):
   This is handwritten and signed by the testator. While it does not require a notary, it must be presented to a Spanish court after death for validation. This type is less common for foreigners due to potential legal challenges.

Choosing the right type of will can influence the overall cost of making a will in Spain, as notarial fees, legal advice, and translation services may differ.

Cost of Making a Will in Spain

The cost of making a will in Spain is generally affordable, but it depends on several factors:

• Notary Fees: The notary charges a fixed fee for drafting and registering the will. Open wills usually cost between €100 and €150.
• Legal Advice: Hiring a lawyer can help ensure your will complies with Spanish inheritance law and international regulations. Legal fees vary depending on complexity but typically range from €150 to €500.
• Translations: If your will is not in Spanish, translation may be necessary to ensure its validity, especially for non-resident foreigners. Costs for certified translations vary.
• Multiple Wills: Some clients may need separate wills for different regions or properties, which can increase the total cost.

Overall, you can expect the total cost of making a will in Spain to range from approximately €200 to €700, depending on your situation. While this may seem like an expense, it is a small investment compared to the potential costs and complications of intestate succession.

Procedure for Making a Will in Spain

The procedure for making a will in Spain is straightforward, but it is essential to follow the legal steps carefully:

1. Choose the Type of Will: Decide whether an open, closed, or holographic will suits your needs.
2. Consult a Lawyer: While not mandatory, consulting a Spanish lawyer ensures your will respects local inheritance laws and international agreements.
3. Draft the Will: For an open will, a notary prepares the document based on your instructions. For a closed will, submit the sealed envelope to the notary.
4. Sign and Register: The notary records your will in the Spanish central registry of wills (Registro General de Actos de Última Voluntad). This step guarantees that the will can be easily located after your death.
5. Keep the Original Safe: Ensure the original will is stored safely, and your heirs know how to access it.

Following these steps ensures that your estate is legally protected and that your wishes are clearly documented.

Special Considerations for Foreigners

Foreigners buying property in Spain face additional considerations:

• Residency Status: Whether you are a resident or non-resident can impact inheritance tax and other legal obligations.
• Cross-Border Assets: If you own property in multiple countries, coordinating wills and legal advice is essential to avoid conflicts.
• Inheritance Tax: Spain applies regional inheritance taxes that vary by autonomous community. Proper planning can minimize unnecessary tax burdens.

By consulting with a law firm experienced in property and inheritance law in Spain , you can navigate these complexities and ensure your estate is protected.

Protect Your Legacy Today

The cost of making a will in Spain is a small price to pay for peace of mind, legal security, and protection of your assets. By taking the time to create a valid will, you can save your loved ones from potential disputes, ensure compliance with Spanish law, and plan effectively for the future.

At Property Law Spain, our team of specialists provides tailored guidance for foreigners looking to buy, sell, or manage property in Spain. We ensure that every step of the will-making process is clear, legally compliant, and aligned with your wishes. Protect your assets and your family’s future by making a will in Spain today.